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England and Wales Case Law

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Social security law

FED v The Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for errors of law and remitted the case for rehearing before a fresh tribunal.

  • Personal independence payment (pip)
  • Mandatory reconsideration
  • Official error
  • Tribunal procedure
  • Supersession of benefit decisions
  • Personal-independence-payment
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Social security

MS v The Secretary of State for Work and Pensions

The Upper Tribunal allowed an ESA appeal, set aside the First-tier Tribunal decision, and remitted the case because inadequate reasons were given for deciding it on the papers.

  • Employment and support allowance
  • Mandatory reconsideration
  • Fair hearing
  • Case management
  • Adjournment
  • Employment-and-support-allowance
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Social security law

GB v The Secretary of State for Work and Pensions

The Upper Tribunal set aside a First-tier Tribunal strike-out in a Universal Credit dispute and remitted the case for a fresh hearing on possible official error.

  • Universal credit
  • Official error
  • Revision of decisions
  • Tribunal procedure
  • Jurisdiction
  • Mandatory reconsideration
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Social security

CNW v Secretary of State for Work and Pensions

The Upper Tribunal set aside a First-tier Tribunal PIP decision for material error of law and remitted the case for rehearing before a different panel.

  • Personal independence payment
  • Tribunal procedure
  • Error of law
  • Mandatory reconsideration
  • Personal-independence-payment
  • Tribunal-procedure
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Social security law

TR & Anor v Secretary of State for Work and Pensions (ESA)

The Upper Tribunal held that a late revision request on official error grounds can trigger a right of appeal, and that the First-tier Tribunal hears the case de novo.

  • Personal independence payment (pip)
  • Employment support allowance (esa)
  • Revision of decisions
  • Supersession of decisions
  • Tribunal jurisdiction
  • Mandatory reconsideration
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Social security law

AP v Secretary of State for Work and Pensions

The Upper Tribunal allowed a universal credit housing costs appeal, holding that a mandatory reconsideration had in substance occurred and the FTT should not have struck out the case.

  • Universal credit
  • Housing costs
  • Mandatory reconsideration
  • Tribunal jurisdiction
  • Procedural fairness
  • Universal-credit
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Social security

SH v The Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed a PIP appeal, finding the First-tier Tribunal gave inadequate reasons on journey planning and failed to consider adjournment for further evidence.

  • Personal independence payment
  • Mandatory reconsideration
  • Tribunal procedure
  • Mobility activities
  • Daily living activities
  • Social-security
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Social security law

SP v Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s strike-out, holding the appeal was valid despite a late mandatory reconsideration request, and remitted the case.

  • Universal credit
  • Mandatory reconsideration
  • Appeal rights
  • Tribunal procedure
  • Universal-credit
  • Mandatory-reconsideration
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Social security law

ABH v Secretary of State for Work and Pensions & Anor

The Upper Tribunal held the First-tier Tribunal misidentified the child support decision under appeal, set its decision aside, and remitted the case for rehearing.

  • Child support
  • Tribunal procedure
  • Jurisdiction
  • Mandatory reconsideration
  • Child-support
  • Tribunal-procedure
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Social security law

PW v Secretary of State for Work and Pensions

The Upper Tribunal dismissed a carer’s allowance appeal, holding that regulation 6(33) did not apply because the claim was made before the qualifying PIP appeal decision.

  • Carer's allowance
  • Backdating of benefits
  • Personal independence payment (pip)
  • Mandatory reconsideration
  • Jurisdiction of tribunal
  • Carers-allowance
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.